McClain v. Commissioner of Social Security
| Lorraine S. McClain |
| Commissioner of Social Security |
| 1:2019cv01515 |
| November 8, 2019 |
| US District Court for the Western District of New York |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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| Document Text |
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| Filing 5 NOTICE of Appearance by Francis D. Tankard on behalf of Commissioner of Social Security (Tankard, Francis) |
| Filing fee received: $ 400.00, receipt number BUF066629. (KM) |
| Filing 4 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that she is not employed and that she receives food stamps and worker's compensation in the amount of $178 per month. She lives alone with her two minor children. She also, however, indicates that her monthly household expenses are $1490. It is unclear what sources of income plaintiff uses to cover such expenses since plaintiff has failed to provide such explanation as paragraph 9 of the form requires. Based on the lack of sufficient information, the Court cannot determine whether plaintiff has set forth sufficient indications of indigency, thus, plaintiff's in forma pauperis motion is DENIED. Plaintiff has until December 19, 2019 to (1) re-file her application using the Court's standard form with all of the relevant information included, or (2) pay the $400.00 filing fee. If plaintiff has not complied with either of these options December 19, 2019, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Frank P. Geraci, Jr. on 11/19/2019. (NNR)-CLERK TO FOLLOW UP- |
| Filing 3 Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General. Attached issued summons and complaint served electronically on the defendant pursuant to Western District of New York's Local Rules of Civil Procedure. (Attachments: #1 complaint)(CGJ) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) |
| Case placed in Social Security Assignment Pool. (CGJ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Lorraine S. McClain.(Hiller, Kenneth) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Lorraine S. McClain. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Summons, #5 Summons, #6 Summons)(Hiller, Kenneth) |
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| Plaintiff: Lorraine S. McClain | |
| Represented By: | Kenneth R. Hiller |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Francis D. Tankard |
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